Will a Kentucky Misdemeanor Show Up on a Background Check?

Many people assume that a misdemeanor conviction is not a big deal — that it will not follow them or affect their future in any meaningful way. Unfortunately, in Kentucky and nationwide, that assumption is wrong. Misdemeanor convictions generally do show up on background checks and can affect employment, housing, education, professional licensing, and more. Understanding what appears on a background check and what you can do about it is essential for anyone with a Kentucky misdemeanor on their record.

Clark + Harris helps clients throughout Kentucky understand and address the consequences of criminal records. Whether you are in Lexington, Louisville, or anywhere in the Commonwealth, our attorneys can advise you on your options.

What Shows Up on a Background Check

The answer depends on the type of background check being conducted.

Criminal Background Checks

Standard criminal background checks — the type most employers, landlords, and licensing agencies run — search court records and criminal databases for convictions and pending charges. In Kentucky, misdemeanor convictions are public court records maintained by the Administrative Office of the Courts (AOC) and are accessible through the Kentucky CourtNet system. Most commercial background check companies access these records, and a misdemeanor conviction will typically appear on a standard background check.

FBI Background Checks

For positions requiring a higher level of scrutiny — government jobs, security clearances, law enforcement, and certain professional licenses — an FBI background check is conducted using fingerprint records. This check accesses the National Crime Information Center (NCIC) database and includes arrests and convictions reported by Kentucky law enforcement agencies. Misdemeanor convictions and, in some cases, arrest records (even without conviction) may appear on an FBI background check.

Kentucky Administrative Office of the Courts (AOC) Records

The Kentucky AOC maintains records of all court proceedings, including misdemeanor cases. These records are publicly accessible and are the primary source used by background check companies searching Kentucky records. Unless a record has been expunged, it will be available through the AOC system.

Types of Misdemeanors and Their Impact

Not all misdemeanors are viewed equally by employers and licensing agencies. Class A misdemeanors — the most serious, including fourth-degree assault, theft under $500 (prior to recent threshold changes), DUI, and drug possession — carry up to 12 months in jail and are more likely to raise red flags on background checks. Class B misdemeanors — including disorderly conduct, harassment, and first-offense alcohol intoxication — carry up to 90 days in jail and, while less serious, still appear on criminal records. Violations — the least serious category, including minor traffic offenses and littering — may or may not appear on background checks depending on the type of check conducted.

How Long Does a Misdemeanor Stay on Your Record?

In Kentucky, a misdemeanor conviction remains on your criminal record permanently unless it is expunged. There is no automatic expiration date for criminal records in the Commonwealth. This means that a misdemeanor conviction from decades ago can still appear on a background check today.

Expungement of Kentucky Misdemeanors

Kentucky’s expungement law, KRS 431.078, allows certain misdemeanor convictions to be expunged — legally erased from your record. To be eligible, you must have completed all terms of your sentence (including probation, fines, and restitution), a waiting period must have elapsed (typically five years from the completion of your sentence), you must have no pending criminal charges, and the offense must be eligible for expungement (most misdemeanors are eligible, but some exceptions apply). Once a misdemeanor conviction is expunged, it is removed from public court records and should not appear on standard background checks. You are legally permitted to state that you have not been convicted of the expunged offense.

Employer Considerations

Kentucky does not have a statewide “ban the box” law for private employers, though some local jurisdictions, including Lexington-Fayette County and Louisville-Jefferson County, have enacted their own fair chance hiring ordinances that restrict when employers can inquire about criminal history. The federal Equal Employment Opportunity Commission (EEOC) has issued guidance stating that blanket policies excluding applicants with criminal records may constitute discrimination under Title VII.

Contact Clark + Harris

If you have a Kentucky misdemeanor on your record and want to explore your options — including expungement — contact Clark + Harris at 859-474-0001. We serve clients throughout Kentucky from Lexington and Louisville. Our attorneys can evaluate your eligibility for expungement and help you take steps to clean up your record and move forward with your life.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful: